Legal Question in Consumer Law in Ohio

Can an internet company charge your credit card before shipping the product purchased. I ordered an item and the internet site (Which can only be contacted by email on there site - no customer service number provided) charged my credit card two days later. I did not receive the product and when I contacted internet site via there email link asking them to cancel the order, they responded and said the item was out-of-stock, and based on the websites terms and conditions they said that they have up to six months to deliver the product. Is this practice of charging the customers credit card prior to shipping the product purchased legal? The web site says the company operates under Ohio law.


Asked on 1/15/12, 11:40 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

Ohio's Consumer Sales Practices Act (via Ohio Administrative Code Section 109:4-3-09 requires that suppliers must deliver goods within 8 weeks of accepting money from a consumer unless the supplier either offers to refund the money or refunds the money.

This means that if the product you ordered was a personal, family, or household item, then the supplier has likely violated the Ohio CSPA by its conduct.

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Answered on 1/15/12, 10:13 pm


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